Legal

Terms of Service

Last updated: November 22, 2024

Agreement to our legal terms. We are Mojave Payment Technologies, LLC ("Company," "we," "us," "our"), registered in Nevada, United States, at 1500 East Tropicana Avenue, Suites 230-234, Las Vegas, NV 89119. These Legal Terms constitute a legally binding agreement between you and Mojave Payment Technologies, LLC concerning your access to and use of our Services. By accessing the Services, you agree to be bound by all of these Legal Terms. If you do not agree, you must discontinue use immediately.

The Services are intended for users at least 18 years old. We may update these Legal Terms from time to time; the "Last updated" date reflects the most recent revision, and continued use after changes constitutes acceptance.

1. Our services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction. Those who access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.

The Services are not tailored to comply with industry-specific regulations such as HIPAA or FISMA, so if your interactions would be subject to such laws you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. Intellectual property rights

Our intellectual property

We are the owner or licensee of all intellectual property rights in our Services, including source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics (the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws. They are provided "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and to download or print a copy of any portion of the Content to which you have properly gained access, solely for personal, non-commercial use or internal business purpose. No part of the Services and no Content or Marks may otherwise be copied, reproduced, republished, distributed, sold, or exploited for any commercial purpose without our express prior written permission.

Your submissions

By sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission, and you confirm such Submissions comply with our prohibited-activities terms, are original to you, and are not confidential. You are solely responsible for your Submissions.

3. User representations

By using the Services, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use will not violate any applicable law or regulation. If you provide information that is untrue or incomplete, we may suspend or terminate your account.

4. Subscriptions

Billing and renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring prior approval for each charge, until you cancel. The billing cycle is monthly.

Cancellation

You can cancel at any time by contacting us using the information below. Cancellation takes effect at the end of the current paid term.

Fee changes

We may make changes to the subscription fee and will communicate any price changes in accordance with applicable law.

5. Prohibited activities

You may not access or use the Services for any purpose other than that for which we make them available. As a user, you agree not to, among other things:

  • Systematically retrieve data to create a collection or database without written permission.
  • Trick, defraud, or mislead us or other users, or attempt to learn sensitive account information such as passwords.
  • Circumvent, disable, or interfere with security-related features of the Services.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Upload or transmit viruses, Trojan horses, or other disruptive material, or engage in spamming.
  • Use automated systems such as scripts, robots, scrapers, or data-mining tools.
  • Attempt to impersonate another user, or harass, annoy, intimidate, or threaten our staff or agents.
  • Copy or adapt the Services' software, or reverse engineer any software comprising the Services.
  • Use the Services to compete with us, to advertise or sell goods and services, or for any unauthorized revenue-generating endeavor.

6. User generated contributions

The Services do not currently invite users to submit or post content. If we provide such an opportunity, any content you create, submit, or transmit ("Contributions") must not infringe third-party rights; must be original to you or properly licensed; must not be false, misleading, obscene, harassing, or otherwise objectionable; and must not violate any applicable law. Any use of the Services in violation of these terms may result in termination or suspension of your rights.

7. Contribution license

You and the Services agree that we may access, store, process, and use any information and personal data you provide and your choices. By submitting feedback you agree we may use and share it for any purpose without compensation. We do not assert ownership over your Contributions; you retain full ownership and are solely responsible for them.

8. Services management

We reserve the right, but not the obligation, to monitor the Services for violations, take legal action against violators, refuse or restrict access to Contributions, remove burdensome content, and otherwise manage the Services to protect our rights and property and facilitate proper functioning.

9. Term and termination

These Legal Terms remain in effect while you use the Services. We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services to any person for any reason, including for breach of these Legal Terms. If we terminate or suspend your account, you are prohibited from registering a new account under your name or any third party's name.

10. Modifications and interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time without notice, and we have no obligation to update information. We cannot guarantee the Services will be available at all times and are not liable for any loss, damage, and inconvenience caused by your inability to access the Services during downtime or discontinuance.

11. Governing law

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict-of-law principles.

12. Dispute resolution

Disputes not resolved through informal negotiation will be finally and exclusively resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (and, where appropriate, the AAA Consumer Rules). You understand that without this provision you would have the right to sue in court and have a jury trial. Arbitration will take place in Nevada. Arbitration is limited to disputes between the parties individually; class actions and representative proceedings are not permitted. Exceptions apply to disputes concerning intellectual property, theft, piracy, privacy, or claims for injunctive relief.

13. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and to update information at any time without prior notice.

14. Disclaimer

The Services are provided on an "AS-IS" and "AS-AVAILABLE" basis. Your use of the Services is at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties about the accuracy or completeness of the Services' content or any linked sites, and assume no liability for errors, personal injury, unauthorized access, transmission interruptions, or any loss arising from use of the Services.

15. Limitations of liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, or loss of data, even if advised of the possibility. Our liability for any cause whatsoever will at all times be limited to the amount paid, if any, by you to us. Some jurisdictions do not allow such limitations, so some may not apply to you.

16. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries and affiliates and our respective officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand (including reasonable attorneys' fees) arising out of your use of the Services, breach of these Legal Terms, breach of your representations, violation of third-party rights, or any harmful act toward another user.

17. User data

We maintain certain data you transmit for the purpose of managing the Services, as well as data relating to your use. Although we perform routine backups, you are solely responsible for all data you transmit, and you waive any right of action against us arising from any loss or corruption of such data.

18. Electronic communications, transactions, and signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, and other communications we provide electronically satisfy any legal requirement that they be in writing. You agree to the use of electronic signatures, contracts, orders, and records.

19. California users and residents

If any complaint is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

20. Miscellaneous

These Legal Terms and any policies posted by us constitute the entire agreement between you and us. Our failure to exercise any right is not a waiver. We may assign our rights and obligations at any time. If any provision is found unlawful or unenforceable, it is severable and does not affect the remaining provisions. No joint venture, partnership, or agency relationship is created by these Legal Terms.

21. Contact us

To resolve a complaint or receive further information regarding use of the Services, please contact us:

Mojave Payment Technologies, LLC 1500 East Tropicana Avenue, Suites 230-234
Las Vegas, NV 89119, United States
Phone: +1 702 664 1250
Email: sales@paying.co